Back
Get in Touch Menu

Classic employment traps – redundancy

12 March 2007

It’s amazing how many employers perceive redundancy as something quite separate from dismissal, says one of our employment lawyers.

At a rough estimate, at least 40 per cent of unfair dismissal claims relate in some way to ‘redundancy’ issues – or to be more precise, situations alleged to be redundancy.

The classic scenario runs along the lines of: “One of our salesmen has been causing trouble in the office – I’m going to make him redundant”.

It’s amazing how many employers perceive redundancy as something quite separate from dismissal and regard it a useful solution to people problems.

Redundancy is dismissal. Legally speaking, it is one of the potentially ‘fair’ reasons for dismissal. Strict and relatively complex procedures must be followed so redundancy is by no means a quick fix.

Cloaking what is actually a dismissal under the description of redundancy doesn’t make it so. Neither does it make an employer immune from claims. So if a chap in the pub tells you that one of his salesmen has been causing problems and he is going to make him redundant ….. pass on this bit of good advice before he finds himself having to pay big bucks to the errant salesman in the form of compensation!

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

Contact us

 

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Matthew Clayton MA LLM (Cantab), CIPP/E
Partner, head of governance & risk
Mathew Clayton
View profile
Related services
Share this article
Resources to help

Related articles

Maintaining zero tolerance without abandoning fairness

Employment & business immigration

Zero-tolerance policies are enforced in workplaces up and down the country, but it’s key that employers remain fair when challenging situations arise. Our team looks into a case that highlights…

Simon Pathé FCILEx
Partner, chartered legal executive

The importance of clarity when making a conditional job offer

Employment & business immigration

There are a number of steps a job applicant needs to follow before they can usually start their new role known. This case highlights the importance of clarity in communicating…

Hifsa O'Kelly LLB (Hons)
Partner

An introduction to the Data (Use and Access) Act 2025

Employment & business immigration

The Data (Use and Access) Act 2025 will come into effect from 1 June this year. Our team introduces the act, looking into how it could impact your business. The…

Achante Anson LLB (Hons)
Trainee solicitor
Contact us